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                                                      PRINTER'S NO. 1731

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1269 Session of 2008


        INTRODUCED BY GREENLEAF, EARLL, TARTAGLIONE, C. WILLIAMS,
           WOZNIAK, O'PAKE, KITCHEN AND WASHINGTON, FEBRUARY 4, 2008

        REFERRED TO JUDICIARY, FEBRUARY 4, 2008

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, in juvenile matters,
     3     adding definitions; and further providing for other basic
     4     rights and for adjudications of juveniles.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 6302 of Title 42 of the Pennsylvania
     8  Consolidated Statutes is amended by adding definitions to read:
     9  § 6302.  Definitions.
    10     The following words and phrases when used in this chapter
    11  shall have, unless the context clearly indicates otherwise, the
    12  meanings given to them in this section:
    13     * * *
    14     "Assessment."  An individualized examination of a child to
    15  determine the child's psychosocial needs and problems, including
    16  the type and extent of any mental health, substance abuse or co-
    17  occurring mental health and substance abuse disorders and
    18  recommendations for treatment. The term includes, but is not


     1  limited to, a drug and alcohol, psychological and psychiatric
     2  evaluation, records review, clinical interview and the
     3  administration of a formal test and instrument.
     4     * * *
     5     "Screening."  A process, regardless of whether it includes
     6  the administration of a formal instrument, that is designed to
     7  identify a child who is at increased risk of having mental
     8  health, substance abuse or co-occurring mental health and
     9  substance abuse disorders that warrant immediate attention,
    10  intervention or more comprehensive assessment.
    11     * * *
    12     Section 2.  Section 6338 of Title 42 is amended by adding a
    13  subsection to read:
    14  § 6338.  Other basic rights.
    15     * * *
    16     (c)  Statements and information obtained during screening or
    17  assessment.--
    18         (1)  No statements, admissions or confessions made by or
    19     incriminating information obtained from a child in the course
    20     of a screening or assessment that is undertaken in
    21     conjunction with any proceedings under this chapter,
    22     including, but not limited to, that which is court-ordered,
    23     shall be admitted into evidence against the child on the
    24     issue of whether the child committed a delinquent act under
    25     this chapter or on the issue of guilt in any criminal
    26     proceeding.
    27         (2)  The provisions of paragraph (1) are in addition to
    28     and do not override any existing statutory and constitutional
    29     prohibition on the admission into evidence in delinquency and
    30     criminal proceedings of information obtained during
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     1     screening, assessment or treatment.
     2     Section 3.  Section 6341(d) of Title 42 is amended and the
     3  section is amended by adding a subsection to read:
     4  § 6341.  Adjudication.
     5     * * *
     6     (b.2)  Evidence on the finding of delinquency.--
     7         (1)  No statements, admissions or confessions made by or
     8     incriminating information obtained from a child in the course
     9     of a screening or assessment that is undertaken in
    10     conjunction with any proceedings under this chapter,
    11     including, but not limited to, that which is court-ordered,
    12     shall be admitted into evidence against the child on the
    13     issue of whether the child committed a delinquent act under
    14     this chapter or on the issue of guilt in any criminal
    15     proceeding.
    16         (2)  The provisions of paragraph (1) are in addition to
    17     and do not override any existing statutory and constitutional
    18     prohibition on the admission into evidence in delinquency and
    19     criminal proceedings of information obtained during
    20     screening, assessment or treatment.
    21     * * *
    22     (d)  Evidence on issue of disposition.--
    23         (1)  (i)  In disposition hearings under subsections (b)
    24         and (c) all evidence helpful in determining the questions
    25         presented, including oral and written reports, may be
    26         received by the court and relied upon to the extent of
    27         its probative value even though not otherwise competent
    28         in the hearing on the petition.
    29             (ii)  Subparagraph (i) includes any screening and
    30         assessment examinations ordered by the court to aid in
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     1         disposition, even though no statements or admissions made
     2         during the course thereof may be admitted into evidence
     3         against the child on the issue of whether the child
     4         committed a delinquent act.
     5         (2)  The parties or their counsel shall be afforded an
     6     opportunity to examine and controvert written reports so
     7     received and to cross-examine individuals making the reports.
     8     Sources of information given in confidence need not be
     9     disclosed.
    10     * * *
    11     Section 4.  This act shall take effect in 60 days.













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